LCO No. 4971 1 of 10 General Assembly Raised Bill No. 1071 January Session, 2021 LCO No. 4971 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: (GAE) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (g) of section 2-90 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2021): 3 (g) Each state agency shall keep its accounts in such form and by such 4 methods as to exhibit the facts required by said auditors and, the 5 provisions of any other general statute notwithstanding, shall make all 6 records and accounts available to them or their agents, upon demand. 7 Notwithstanding any provision of the general statutes, no state agency 8 may deny the auditors access to their records or accounts. 9 Sec. 2. (NEW) (Effective October 1, 2021) As used in this section, 10 "contract", "state agency", "data" and "contractor" have the same 11 meanings as provided in section 4e-1 of the general statutes. Any 12 contract between a state contracting agency and a contractor that is 13 entered into, renewed or amended on or after October 1, 2021, shall 14 Raised Bill No. 1071 LCO No. 4971 2 of 10 contain a provision authorizing the state contracting agency to access 15 any data concerning such agency that is in the possession or control of 16 the contractor upon demand in a format prescribed by the agency at no 17 additional cost to the agency. 18 Sec. 3. Subsection (c) of section 2-90 of the general statutes is repealed 19 and the following is substituted in lieu thereof (Effective October 1, 2021): 20 (c) Said auditors shall audit, on a biennial basis if deemed most 21 economical and efficient, or as frequently as they deem necessary, the 22 books and accounts, records of operations and activities, systems and 23 data of each officer, department, commission, board and court of the 24 state government, all institutions supported by the state and all public 25 and quasi-public bodies, politic and corporate, created by public or 26 special act of the General Assembly and not required to be audited or 27 subject to reporting requirements, under the provisions of chapter 111. 28 Each such audit may include an examination of any relevant 29 information concerning the department, commission, board or court of 30 state government being audited that is in the possession or control of a 31 private entity that has a contract with such department, commission, 32 board or court, and such information shall be provided upon demand 33 in a format prescribed by the auditors at no cost to the auditors or the 34 department, commission, board or court. Each such audit may include 35 an examination of performance in order to determine effectiveness in 36 achieving expressed legislative purposes. The auditors shall report their 37 findings and recommendations to the Governor, the State Comptroller 38 and the joint standing committee of the General Assembly having 39 cognizance of matters relating to appropriations and the budgets of state 40 agencies. 41 Sec. 4. (NEW) (Effective October 1, 2021) On and after October 1, 2021, 42 any state agency proposing to enter into or amend a contract for the 43 purchase of auditing services shall (1) notify the Auditors of Public 44 Accounts of such contract at least fifteen days prior to entering into or 45 amending such contract, and (2) not enter into or amend such contract 46 until the Auditors of Public Accounts have advised the agency whether 47 Raised Bill No. 1071 LCO No. 4971 3 of 10 the auditing services could be provided by said auditors. As used in this 48 section, "state agency" has the same meaning as provided in section 4-49 37e of the general statutes and "contract" does not include any personal 50 service agreement subject to section 4-215 or 4-216 of the general 51 statutes. 52 Sec. 5. Subsection (a) of section 10-91g of the general statutes is 53 repealed and the following is substituted in lieu thereof (Effective October 54 1, 2021): 55 (a) As used in this section and sections 10-91h to 10-91l, inclusive, 56 "private provider of special education services" means any private 57 school or private agency or institution, including a group home, that 58 receives, directly or indirectly, any state or local funds as a result of 59 providing special education services to any student with an 60 individualized education program or for whom an individual services 61 plan has been written by the local or regional board of education 62 responsible for educating such student. 63 Sec. 6. Section 31-426 of the general statutes is repealed and the 64 following is substituted in lieu thereof (Effective October 1, 2021): 65 (a) The Connecticut Retirement Security Authority shall keep an 66 accurate account of all its activities, receipts and expenditures and shall 67 submit, in accordance with the provisions of section 11-4a, a report 68 detailing such activities, receipts and expenditures to the Connecticut 69 Retirement Security Authority board of directors, the Governor, the 70 Office of Auditors of Public Accounts and the joint standing committees 71 of the General Assembly having cognizance of matters relating to labor 72 and finance, revenue and bonding on or before December thirty-first 73 annually. Such report shall be in a form prescribed by the board and 74 shall include projected activities of the authority for the next fiscal year. 75 [and shall be subject to approval by the Auditors of Public Accounts.] 76 (b) The Auditors of Public Accounts may conduct a full audit of the 77 books and accounts of the authority pertaining to such activities, 78 receipts and expenditures, personnel, services or facilities, in accordance 79 Raised Bill No. 1071 LCO No. 4971 4 of 10 with the provisions of chapter 12 and section 2-90, as amended by this 80 act. For the purposes of such audit, the Auditors of Public Accounts shall 81 have access to the properties and records of the authority. [, and may 82 prescribe methods of accounting and the rendering of periodical reports 83 in relation to projects undertaken by the authority.] 84 (c) The authority shall enter into memoranda of understanding with 85 the State Comptroller pursuant to which the authority shall provide, in 86 such form and manner as prescribed by the State Comptroller, 87 information that may include, but need not be limited to, the current 88 revenues and expenses of the authority, the sources or recipients of such 89 revenues or expenses, the date such revenues or expenses were received 90 or dispersed and the amount and the category of such revenues or 91 expenses. The State Comptroller shall also enter into such memoranda 92 of understanding. 93 Sec. 7. Subsection (e) of section 4b-21 of the general statutes is 94 repealed and the following is substituted in lieu thereof (Effective July 1, 95 2021): 96 (e) After receiving notification from the secretary that such land, 97 improvement or interest may be treated as surplus, the Commissioner 98 of Administrative Services shall offer to convey such land, improvement 99 or interest to the municipality in which the land, improvement or 100 interest is located, including, but not limited to, by selling, leasing, 101 exchanging or entering into agreements concerning such land, 102 improvement or interest, provided (1) prior to such conveyance, the 103 municipality by vote of its legislative body accepts such conveyance, 104 and (2) a resolution of such municipal action, verified by the clerk of the 105 municipality, is delivered to the Commissioner of Administrative 106 Services not more than [one hundred twenty] sixty days after receiving 107 notice from the commissioner regarding the proposed conveyance. If 108 the municipality fails to deliver such resolution to the commissioner 109 within such [one-hundred-twenty-day] sixty-day period, the 110 municipality shall be deemed to have declined the proposed 111 conveyance, provided the commissioner may extend the [one-hundred-112 Raised Bill No. 1071 LCO No. 4971 5 of 10 twenty-day period] sixty-day deadline by not more than an additional 113 [sixty] thirty days. The municipality shall waive all rights to purchase 114 the land, improvement, interest or part thereof if the municipality 115 declines or is deemed to have declined the conveyance of such land, 116 improvement, interest or part thereof. 117 Sec. 8. Section 8-260 of the general statutes is repealed and the 118 following is substituted in lieu thereof (Effective October 1, 2021): 119 Within the first ninety days of each calendar year, the authority shall 120 report on its operations for the preceding calendar year to the Governor. 121 The authority shall make a report to the General Assembly on or before 122 March fifteenth in each year that the General Assembly meets in general 123 session. The report shall include a summary of the activities of the 124 authority, a complete operating and financial statement and 125 recommendations for legislation to promote the purposes of the 126 authority. The accounts of the authority shall be subject to [annual] 127 biennial audits by the State Auditors of Public Accounts. 128 Sec. 9. Section 15-120kk of the general statutes is repealed and the 129 following is substituted in lieu thereof (Effective October 1, 2021): 130 On or before December fifteenth each year, the authority shall report, 131 in accordance with the provisions of section 11-4a, to the Governor and 132 the joint standing committees of the General Assembly having 133 cognizance of matters relating to transportation and commerce. Such 134 report shall include a summary of the activities of the authority, a 135 complete operating and financial statement and recommendations for 136 legislation to promote the purposes of the authority. The accounts of the 137 authority shall be subject to [annual] biennial audits by the state 138 Auditors of Public Accounts. 139 Sec. 10. Section 32-42 of the general statutes is repealed and the 140 following is substituted in lieu thereof (Effective October 1, 2021): 141 The corporation shall be subject to examination by the State 142 Treasurer. The accounts of the corporation shall be subject to [annual] 143 Raised Bill No. 1071 LCO No. 4971 6 of 10 biennial audits by the State Auditors of Public Accounts. 144 Sec. 11. Section 1-86e of the general statutes is repealed and the 145 following is substituted in lieu thereof (Effective October 1, 2021): 146 (a) No person hired by the state as a consultant or independent 147 contractor, and no person employed by such consultant or independent 148 contractor, shall: 149 (1) Use the authority provided [to the person] under the contract, or 150 any confidential information acquired in the performance of the 151 contract, to obtain financial gain for the [person] consultant or 152 independent contractor, an employee of the [person] consultant or 153 independent contractor or a member of the immediate family of any 154 such [person] consultant, independent contractor or employee; 155 (2) Accept another state contract which would impair the 156 independent judgment of the [person] consultant, independent 157 contractor or employee in the performance of the existing contract; or 158 (3) Accept anything of value based on an understanding that the 159 actions of the [person] consultant, independent contractor or employee 160 on behalf of the state would be influenced. 161 (b) No person shall give anything of value to a person hired by the 162 state as a consultant or independent contractor or an employee of a 163 consultant or independent contractor based on an understanding that 164 the actions of the consultant, [or] independent contractor or employee 165 on behalf of the state would be influenced. 166 Sec. 12. Subsection (a) of section 10-292 of the general statutes is 167 repealed and the following is substituted in lieu thereof (Effective October 168 1, 2021): 169 (a) Upon receipt by the Commissioner of Administrative Services of 170 the final plans for any phase of a school building project as provided in 171 section 10-291, said commissioner shall promptly review such plans and 172 check them to the extent appropriate for the phase of development or 173 Raised Bill No. 1071 LCO No. 4971 7 of 10 construction for which final plans have been submitted to determine 174 whether they conform with the requirements of the Fire Safety Code, 175 the Department of Public Health, the life-cycle cost analysis approved 176 by the Commissioner of Administrative Services, the State Building 177 Code and the state and federal standards for design and construction of 178 public buildings to meet the needs of persons with disabilities and the 179 school safety infrastructure criteria, developed by the School Safety 180 Infrastructure Council, pursuant to section 10-292r, and if acceptable a 181 final written approval of such phase shall be sent to the town or regional 182 board of education and the school building committee. No phase of a 183 school building project, subject to the provisions of subsection (c) or (d) 184 of this section, shall go out for bidding purposes prior to such written 185 approval. 186 Sec. 13. Section 22a-263 of the general statutes is repealed and the 187 following is substituted in lieu thereof (Effective October 1, 2021): 188 The directors of the authority shall meet at least monthly at the call 189 of the chairman and may meet more frequently if necessary and 190 desirable. It shall maintain at all times minutes of its meetings including 191 its considerations, deliberations, decisions and resolutions, which 192 minutes shall be considered public records. It shall maintain all 193 necessary records and data with respect to its operations and shall 194 report quarterly to the Governor and annually to the General Assembly, 195 upon its operations. Such reports shall include but not be limited to a 196 listing of the number and type of waste management service contracts 197 entered into with local government units and persons, and the charges 198 therefor; a listing of the contracts entered into for the services of private 199 industry in the operation of systems and facilities; a map showing the 200 location of all facilities owned or leased by the authority; a schedule of 201 the amounts of waste received and processed in such facilities; a listing 202 of the outstanding issues of notes and bonds of the authority and the 203 payment status thereof; a budget showing the administrative expenses 204 of the authority; a report of revenues of the authority from all sources 205 and of the redistribution of any surplus revenues. The authority shall be 206 subject to audit by the state Auditors of Public Accounts in accordance 207 Raised Bill No. 1071 LCO No. 4971 8 of 10 with [normal audit practices prescribed for departments, boards, 208 commissions and other agencies of the state] chapter 12 and section 2-209 90, as amended by this act. 210 Sec. 14. Subsection (c) of section 10-357b of the general statutes is 211 repealed and the following is substituted in lieu thereof (Effective October 212 1, 2021): 213 (c) The State Education Resource Center shall be subject to (1) rules, 214 regulations and restrictions on purchasing, procurement, personal 215 service agreements and the disposition of assets generally applicable to 216 Connecticut state agencies, including those contained in titles 4, 4a and 217 4b and section 4e-19, and (2) audit by the Auditors of Public Accounts 218 under chapter 12 and section 2-90, as amended by this act. 219 Sec. 15. Subsection (d) of section 17a-10c of the general statutes is 220 repealed and the following is substituted in lieu thereof (Effective October 221 1, 2021): 222 (d) On and after January 1, 2020, the caseworker of any child placed 223 in an out-of-home placement by the Commissioner of Children and 224 Families pursuant to an order of temporary custody or commitment 225 shall meet in private with the child annually and any time the child is 226 placed in a new out-of-home placement, provided the child is of an 227 appropriate age. At such meeting, the caseworker shall, if applicable 228 and appropriate: (1) Provide the child with a copy of the Sibling Bill of 229 Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain 230 to the child that the child may contact the caseworker, the child's 231 attorney, the Department of Children and Families regional office, the 232 Office of Community Relations within the Department of Children and 233 Families [Office of the Ombudsman] or the Office of the Child Advocate 234 if the child feels that his or her rights under the Sibling Bill of Rights 235 have been violated, and provide the child with contact information for 236 such caseworker, such regional office, the Office of Community 237 Relations within the Department of Children and Families [Office of the 238 Ombudsman] and the Office of the Child Advocate. The caseworker 239 Raised Bill No. 1071 LCO No. 4971 9 of 10 shall certify to the commissioner on a form prescribed by the 240 commissioner that such caseworker has complied with the provisions of 241 this subsection. Such form shall include (A) an acknowledgment, for 242 signature by the child, if appropriate, that such caseworker provided a 243 copy of the Sibling Bill of Rights to the child and reviewed the Sibling 244 Bill of Rights with the child, and (B) notice that, if the child refuses to 245 sign such acknowledgment, such caseworker shall indicate on the form 246 that the child refused to sign such acknowledgment. 247 Sec. 16. Subsection (d) of section 17a-10e of the general statutes is 248 repealed and the following is substituted in lieu thereof (Effective October 249 1, 2021): 250 (d) The caseworker of any child placed in an out-of-home placement 251 by the Commissioner of Children and Families pursuant to an order of 252 temporary custody or commitment shall meet in private with the child 253 annually and any time the child is placed in a new out-of-home 254 placement, provided the child is of an appropriate age. At such meeting, 255 the caseworker shall: (1) Provide the child with a copy of the Children 256 in Care Bill of Rights and Expectations, (2) review the Children in Care 257 Bill of Rights and Expectations with the child, (3) explain to the child 258 that the child may contact the caseworker, the child's attorney, the 259 Department of Children and Families regional office, the Office of 260 Community Relations within the Department of Children and Families 261 [Office of the Ombudsman] or the Office of the Child Advocate if the 262 child feels that his or her rights have been violated or expectations have 263 not been met under the Children in Care Bill of Rights and Expectations, 264 and provide the child with contact information for such caseworker, 265 such regional office, the Office of Community Relations within the 266 Department of Children and Families [Office of the Ombudsman] and 267 the Office of the Child Advocate, and (4) explain to the child that if the 268 child is in physical danger or experiences a medical emergency, the child 269 may dial or send a text message to 9-1-1. The caseworker shall certify to 270 the commissioner on a form prescribed by the commissioner that such 271 caseworker has complied with the provisions of this subsection. Such 272 form shall include (A) an acknowledgment, for signature by the child, if 273 Raised Bill No. 1071 LCO No. 4971 10 of 10 appropriate, that such caseworker provided a copy of the Children in 274 Care Bill of Rights and Expectations to the child and reviewed the 275 Children in Care Bill of Rights and Expectations with the child, and (B) 276 notice that, if the child refuses to sign such acknowledgment, such 277 caseworker shall indicate on the form that the child refused to sign such 278 acknowledgment. 279 Sec. 17. Section 2-90b of the general statutes is repealed. (Effective 280 October 1, 2021) 281 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 2-90(g) Sec. 2 October 1, 2021 New section Sec. 3 October 1, 2021 2-90(c) Sec. 4 October 1, 2021 New section Sec. 5 October 1, 2021 10-91g(a) Sec. 6 October 1, 2021 31-426 Sec. 7 July 1, 2021 4b-21(e) Sec. 8 October 1, 2021 8-260 Sec. 9 October 1, 2021 15-120kk Sec. 10 October 1, 2021 32-42 Sec. 11 October 1, 2021 1-86e Sec. 12 October 1, 2021 10-292(a) Sec. 13 October 1, 2021 22a-263 Sec. 14 October 1, 2021 10-357b(c) Sec. 15 October 1, 2021 17a-10c(d) Sec. 16 October 1, 2021 17a-10e(d) Sec. 17 October 1, 2021 Repealer section Statement of Purpose: To implement the recommendations of the Auditors of Public Accounts contained in their 2020 annual report. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]